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High Court of KeralaWP(C)/18512/2015disposed of

M/S. Reliance Jio Infocomm Limited v. District Telecom Committee

2015-09-14Honourable Mr. Justice A.Muhamed Mustaque4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE MONDAY, THE 14TH DAY OF SEPTEMBER 2015/23RD BHADRA, 1937 WP(C).No. 18512 of 2015 (L) ---------------------------- PETITIONER:

------------------- M/S. RELIANCE JIO INFOCOMM LIMITED, (PREVIOUSLY KNOWN AS INFOTEL BROADBAND SERVICES LTD., HAVING ITS REGIONAL OFFICE AT CHANDRIKA TOWERS, S.A ROAD, VYTTILA, KOCHI - 19, REPRESENTED BY ITS AUTHORISED SIGNATORY, MR.VINOD GIYAL.

BY ADV. SRI.C.P.MOHAMMED NIAS RESPONDENT(S):

--------------------------

1. DISTRICT TELECOM COMMITTEE, THIRUVANANTHAPURAM, REPRESENTED BY ITS CHAIRMAN, THE DISTRICT COLLECTOR, THIRUVANANTHAPURAM.

2. STATE OF KERALA, REPRESENTED BY SECRETARY, INFORMATION TECHNOLOGY DEPARTMENT, GOVERNMENT OF KERALA, SECRETARIAT, THIRUVANANTHAPURAM.

R1 & R 2 BY GOVERNMENT PLEADER SRI.BIJU MEENATTOR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14-09-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

mbr/

WP(C).No. 18512 of 2015 (L) --------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS:

------------------------------------- EXHIBIT P1.

TRUE COPY OF THE LICENSE AGREEMENT.

EXHIBIT P2.

TRUE COPY OF THE LETTER DATED 23.6.11.

EXHIBIT P3.

TRUE COPY OF THE UNIFIED LICENSE DATED 21.10.13 WITHOUT ITS ANNEXURES.

EXHIBIT P4.

TRUE COPY OF THE BUILDING PERMITS ISSUED BY THE AUTHORITIES.

EXHIBIT P5.

TRUE COPY OF THE REFERENCES SUBMITTED.

EXHIBIT P6.

TRUE COPY OF THE GOVERNMENT ORDER DATED 15.3.14 ISSUED BY THE 2ND RESPONDENT.

EXHIBIT P7.

TRUE COPY OF THE GOVERNMENT ORDER DATED 2.8.14 ISSUED BY THE 2ND RESPONDENT.

EXHIBIT P8.

TRUE COPY OF THE GOVERNMENT ORDER DATED 5.11.14 ISSUED BY THE 2ND RESPONDENT.

EXHIBIT P9.

TRUE COPY OF THE APPLICATIONS SUBMITTED BY THE PETITIONER BEFORE THE IST RESPONDENT.

EXHIBIT P10. TRUE COPY OF THE JUDGMENT IN WPC 9345/2015 PASSED BY THIS HONOURABLE COURT.

RESPONDENTS' EXHIBITS:

NIL.

//TRUE COPY// P.S. TO JUDGE mbr/

A.MUHAMED MUSTAQUE, J.

~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C).No.18512/2015 ~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 14th Day of September, 2015

J U D G M E N T

The petitioner, a telecom infrastructure company. They approached the 1st respondent by Exhibit P9. The petitioner challenged the delay in executing the work on account of public protest. Petitioner seeks for a direction to the first respondent-District Telecom Committee to consider and pass orders on Exhibit P9 request in the light of Exhibit P7 Government Order, whereby the District Telecom Committee is authorised to deal with all public grievances relating to installation of Mobile Towers and issues related to telecom infrastructure.

2.

This Court is of the view that Exhibit P9 shall be considered by the 1st respondent in the light of Ext.P7 Government Order, after hearing the petitioner and all affected persons in the public. This shall be done within a period of two months from the date of receipt of a copy of this judgment.

The writ petition is disposed of as above. No costs. Sd/- A.MUHAMED MUSTAQUE, JUDGE ms The word "Exhibit P9" occurring in the first line of paragraph 2 of the judgment dated 14/9/2015 in W.P.(C).No.18512/2015 is suo motu corrected and

W.P.(C).No.18512/2015 L -:2:- substituted as "Exhibit P9 series of applications" as per order dated 26/7/2016 in W.P.(C).No.18512/2015.

Sd/- Registrar (Judicial)